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2025 Supreme(Bom) 1192

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.S.Jawalkar, Pravin S.Patil
Aditya Construction Company (J.V.) – Appellant
Versus
State of Maharashtra, Through its Secretary, Public Works Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Mr.Abhinav Chandrachud, Mr.Pankaj Sutar, Mr.Sanket Bhandarkar, Mr. Yash Pandya, Advs.
For the Respondent: Mr. D.V.Chauhan, GP/Sr.Adv. a/b Mr.P.P.Pendke, AGP & Mr.A.D.Chaudhari, Adv., Mr. H.D.Dangre, Adv., Mr.Nikhil Kirtane, Adv.

Judgement Key Points

Certainly. Here is a structured summary of the judgment based on the provided document:

Factual and Procedural Background
The petitioner, a joint venture comprising government contractors, participated in a tender floated by the respondent authorities for development work at Ambhora Tourism Place. The petitioner submitted its bid along with various certificates and documents, but was subsequently disqualified during the technical evaluation for alleged discrepancies and shortfalls in experience and performance records. The petitioner challenged this disqualification through a writ petition, claiming arbitrariness and violation of principles of natural justice. The case involved detailed scrutiny of the bid documents, certificates, and the process of evaluation conducted by the authorities (!) (!) (!) .

Legal Issues Presented
The core issues involved whether the technical disqualification of the petitioner was justified, whether the authorities adhered to tender conditions and principles of natural justice, and whether the decision-making process was arbitrary or mala fide. Additional issues included the validity of the certificates submitted, the consideration of subcontractor experience, and the scope of judicial review in administrative tender decisions (!) (!) (!) .

Arguments of the Parties
The petitioner argued that its bid was wrongly rejected without proper verification, that discrepancies in certificates were due to typographical errors or misunderstandings, and that the authorities acted arbitrarily and in bad faith, possibly influenced by extraneous considerations. The petitioner also contended that the authorities failed to give adequate opportunity to explain or rectify deficiencies and that their decision violated the principles of natural justice and Article 14 of the Constitution.
The respondents countered that the petitioner submitted inconsistent and contradictory certificates, failed to meet the prescribed experience and performance criteria, and that the evaluation was conducted in accordance with tender conditions. They maintained that the decision was based on established criteria, and that the authorities exercised their discretion properly, with due regard to transparency and fairness (!) (!) (!) .

Table of Precedents Cited
The judgment references various legal principles and previous rulings emphasizing judicial restraint in tender matters, the limited scope of judicial review, the importance of following tender procedures, and the presumption of good faith in administrative decisions. It also discusses the principles of natural justice, the importance of reasoned decisions, and the need for decisions to be based on evidence. The cited precedents underline that courts should generally refrain from substituting their judgment in technical or administrative matters unless there is clear arbitrariness or mala fide (!) (!) (!) (!) (!) (!) (!) (!) .

Court's Reasoning and Analysis
The court examined whether the authorities followed proper procedures and whether their decision was supported by evidence. It observed that the petitioner submitted multiple certificates with conflicting details, which raised doubts about the authenticity and correctness of the experience claimed. The court noted that the authorities properly scrutinized these discrepancies, including seeking clarification from the certifying authority, which was not conclusively resolved.
The court emphasized that the evaluation of technical bids involves expert judgment and that courts should exercise restraint, respecting the discretion of the authorities. It found that the authorities had sufficient reasons—such as inconsistent certificates, delays in work completion, past litigation, and record of poor performance—to justify disqualification. The court also highlighted that the petitioner had suppressed material facts and had a history of default and litigation, which justified the authorities' decision.
Furthermore, the court reiterated that the scope of judicial review is limited to examining procedural fairness and legality, not substituting its judgment for that of the administrative body, especially in technical and commercial matters (!) (!) (!) (!) .

Holding and Implications
The court dismissed the petition, affirming that the authorities' decision was within their discretion, based on proper evaluation, and in accordance with tender conditions. It held that the authorities had not acted arbitrarily or mala fide, and that the decision to disqualify the petitioner was justified. The judgment reinforces the principle that courts should exercise restraint in interfering with administrative and tender decisions, especially where the decision is supported by evidence and made in good faith.
The implications are clear: bidders must strictly adhere to tender requirements, submit consistent and truthful documentation, and recognize that past performance and record of litigation can influence eligibility. The decision underscores the importance of transparency, proper verification, and the limited role of courts in second-guessing technical or administrative judgments in the tendering process.


JUDGMENT :

M. S. Jawalkar, J.

Heard the learned counsel for the parties.

2. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.

3. The petitioner is the Joint Venture of Aditya Construction Company, D.Thakkar Construction Private Limited and Sunny Infraproject Private Limited. All the Joint Venture partners are Government contractors and are engaged in the business of construction, work contracts and other allied activities. It is contention of the petitioner that they have successfully completed various works floated by the Government under different tenders. The respondent No.1 is the State of Maharashtra and respondent Nos.2 to 5 are the officers of the State Government. The respondent Nos.6 and 7 are bidders, who had participated in the tender floated by respondent No.4 i.e. Executive Engineer, Public Works Division No.3, Nagpur.

4. On 13/03/2024, the respondent No.4 floated tender bearing Tender ID 2024_PWR_1033448_1 for development of Ambhora Tourism Place, which included tourist facilities, temple development and beautification work at Ambhora, Tahsil Kuhi, District Nagpur. The tender was percentage rate tender and the esti






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